acceptor is obliged to discharge his accepted draught, without having any redress against the drawer. 33. If a person on whom a bill is drawn scruples the accepting of it for the account of him it is advised to be drawn for, or if through want of advice he is ignorant for whose account it is drawn, he may accept the same, supra protest, if he pleases, for the account and honour of the drawer. 34. When a bill is made payable to order, and indorsed by a substantial man, before acceptance be demanded, and the acceptor scruples to accept it for account of the drawer, or for the account of him it is drawn for, he may, if he thinks proper, do it supra protest, for the honour of the indorser; and in this case, he must first have a formal protest made for non-acceptance, and should send it without delay to the said indorser, for whose honour and account he hath accepted the bill. 35. An acceptance, supra protest, obliges the acceptor as absolutely to the payment, as if no protest had intervened; it being indifferent to the possessor of a bill for whose account the same is accepted, and he hath his redress and remedy as sufficiently as ever against all the indorsers and drawers, if the payment be not punctually made by the acceptor at the time of its falling due. 36. The possessor of a bill must be satisfied and content with an acceptance supra protest, if offered by a responsible person, as it is of no importance to him whether it is accepted simply or under a protest, as the acceptor pays the charges, except he had orders from the remitter, not to admit of such an acceptance, in which case he should and ought to protest, if a simple acceptance is refused. 37. When a bill is accepted, supra protest, and the holder is not satisfied therewith, but by the notary public and witnesses demands a simple acceptance, and, upon refusal, makes a protest; the acceptor, if he continues resolved not to accept simply and freely, should renounce the acceptance he had made, and insist that it be so inserted in the protest; and be considered as null and void, as if it had never been done, otherwise he will act imprudently, and may suffer for it. 38. Neither the possessor of a bill, nor he that may demand acceptance, nor any third person whatsoever, may accept a bill of exchange previous to a refusal from him it is drawn on, or that he cannot be found, and hath left no order for the acceptance; in any of which cases, either the possessor himself, or any other, may accept it, under protest, after causing it to be protested for non-acceptance; and the method of accepting supra protest is as follows, viz. the acceptor must personally appear before a notary public with witnesses, whether the same that protested the bill or not is of no importance, and declare that he doth accept such protested bill in honour of the drawer, or indorser, &c. and that he will satisfy the same at the appointed time; and then he must subscribe the bill with his own hand, thus, accepted supra protest, in honour of I. B. &c. 39. An acceptance, supra protest, may be so worded, that though it be intended for the honour of the drawer, yet it may equally oblige the indorser, and in such case it must be sent to the latter; but such an acceptance tends rather to the discredit than honour of the drawer. 40. When the possessor of a bill hath admitted of a third person's acceptance, supra protest, in honour of the drawer, then the draw is freed from any obligation to give a further satisfaction to the remitter; but if the acceptance be made in honour of the indorser only, the bill is as absolutely protested in respect to the drawer, and he is as much obliged to give satisfaction, either to the indorser, for whose honour it was accepted, or to the remitter, as if the acceptance, under protest, had never been made. 41. If a bill be protested for non-acceptance, and after being accepted supra protest, by a third person, the intended acceptant, on receiving fresh advices and orders, determines to accept and pay it: the acceptor under protest, may suffer it, though the possessor cannot be obliged to free him from his acceptance; and in case the two acceptors agree, he that was originally designed such, is obliged to pay him who has accepted supra protest his commission, charges, &c. as it was by his acceptance that the bill was prevented from being returned protested. 42. Any man that will, may, supra protest, accept a protested bill for the honour of the drawer, or any particular drawer, that was before accepted supra protest, in honour also of some one particular, but later indorser, and the first acceptor is obliged to allow of the same, and yet remain obliged for his first acceptance; but the last acceptor is obliged to pay and allow provision and charges to the first, for the reasons: assigned in the preceding case. 43. He that accepts a bill supra protest, puts himself absolutely in the stead of the first designed acceptor, and is obliged to make the payment without any exception; and the possessor hath the same right and law against such an acceptor, as he would have had against the first intended one, if he had accepted. 44. When any one accepts a bill supra protest, he may lawfully demand a recompence for the credit given him, for whose honour he accepted it, at least his commission, postage, and other charges; and in case he should be forced to take his reimbursement by re-draughts on the persons for whose account he accepted and pays, his bill ought to meet with a just and ready compliance, besides a grateful acknowledgment of the favour. 45. No one should accept a bill under protest for the drawer's honour, till he has first learned the reasons from the intended acceptor, for his suffering it to be protested; but if the acceptance be in honour of an indorser, such an inquiry is needless. 46. Though the drawer of a bill, under protest for non-acceptance, and his handwriting, be ever so well known, yet every one should be cautious in accepting it supra protest for his honour, provided the person for whose account it was drawn, be unknown, and cannot be found. 47. Any one accepting a bill supra protest, either for the honour of the drawer or an indorser, though it be done without their orders, or knowledge, yet hath his redress and remedy on the person for whose honour he accepted it, who is obliged to indemnify him, as if he had acted entirely by his directions. 48. If the acceptor of a bill, under protest, for the honour of a drawer or indorser, receive his approbation of the acceptance made, the acceptor may freely pay the bill, without any protest for non-payment; but if the person, for whose honour the bill was accepted, returns no answer to the advice, or replies with a disapproval thereof, unthankfully remarking that it was done without orders; in this case the acceptor, supra protest, must cause a formal one to be drawn up for non-payment, against him to whom the bill was directed, and on his continuing to refuse payment, and he that has accepted it, is obliged to do it for him; he should engage the possessor to transfer all his action, right, and law of the bill to him; for though this is not absolutely necessary, yet it will corroborate his demands, when he comes to have recourse against the person for whose honour he accepted it (whether drawer or indorser) or any of the former indorsers. 49. He that accepts à bill in honour of the drawer, hath no remedy against any of the indorsers, because he obligeth himself only for the drawer; and he that accepts for the honour of an indorser, can have no advantage from any one, subsequent to him for whose honour he accepted; but he and all that were before him, the drawer included, are obliged to make the acceptor satisfaction. 50. When a bill is protested for non-payment, any man may pay the same, under VOL. I. 4 D protest, for the drawer's or indorser's honour, even he that made, or he that suffered the protest. 51. A man after having freely and willingly accepted a bill, cannot satisfy the same under protest, in honour of an indorser, because he, as acceptor, is already obliged to him; but an intended acceptor, not having yet accepted the bill, may discharge them for the honour of the indorser or drawer, as if he was a third person unconcerned. 52. When a person has bills passed on him for the drawer's account, who, having made no provision for the payment thereof, gives the acceptor room to fear he shall have some difficulty in obtaining a reimbursement; in such case, this latter, may suffer them to be protested when due, and afterwards either pay them himself, or some other for him, under protest causing the right and title to be transferred to him, to enable him to prosecute the drawer in case of need, or by this means the more easily to prevail on him to refund the value he received, when probably it would be difficult to persuade him to reimburse what the acceptor has paid for him. 53. No man must pay a bill under protest for non-payment, till he has declared before a notary public, for whose honour he discharges it, whereof the notary must give an account to the parties concerned, either jointly with the protest, or in a separate instrument, or act. 54. He that pays a bill supra protest, immediately succeeds the possessor in the right and title thereof, though there be no formal transfer made, nor no cessio actionis from the holder to the payer; yet to prevent all disputes, it may be more advisable, espe cially in some cases, to have this cession made in form, and to this the possessor is obliged whenever it is demanded of him. 55. The possessor of a bill, protested for non-payment, is not obliged to admit of its discharge from a third person, supra protest, either in honour of the drawer or any indorser, unless he declare and prove that the honour of that bill was particularly recommended to him; in which case, the holder is absolutely obliged to admit the payment from him, as if the intended acceptor had discharged it. 56. But if the protested bill be indorsed by the possessor's correspondent, and was remitted by him, then the possessor, if he acts circumspectly, will not admit of any payment in honour of the indorsements, but under the express condition that the payer shall have no redress or remedy against the said correspondent. 57. He that discharges a bill protested for non-payment, in honour of the drawer, hath no remedy against the indorsers; though he that honours a bill, protested for nonpayment, for an indorser, hath his remedy not only against the said indorser, but against all that were before him, including the drawer, though he hath no action, law, or right against the indorsers that follow him, for whose account the payer was willing to discharge the bill; as has been mentioned about accepting bills, sect. 49. 58. When several persons offer to honour a bill protested for non-payment, he that proffers to do it in honour of the drawer should first be admitted, and then, he that intends the same for the earliest indorser. 59. When a bill is paid under protest, in honour of an indorser, and the acceptor adviseth the payer that there is another, or that he himself, will discharge it for the honour of an earlier indorser, or of the drawer, and this before he that paid hath reimbursed himself by redrawing, then he is obliged to admit of it from the second, and to transfer his right to him, though the second payer will be obliged to refund to the first, not only his charges, but half commission also. 60. Men should be very circumspect and cautious in accepting or paying bills for the honour of the drawers, and still more so, when they do it for the honour of an indorser; and ought to be very well acquainted with the character and circumstances of the person for whom they engage their firm, or pay their money; and this precaution is more especially to be observed, when a solvent acceptor suffers a protest for non-payment, and his reasons for so doing are strictly to be inquired into, previous to a payment for the honour of any one concerned, as they may be such as might dissuade any other from paying them supra protest, though if they are entirely satisfied of the ability of the acceptor, they may with less fear pay the bill, as he is obliged for its discharge, in case the drawer or indorsers refuse. 61. If the protest for non-payment be sent away, it is unadvisable to offer payment under protest, though the bill be still retained, unless the possessor will give sufficient security to make restitution, in case the drawer or indorser should have repaid the value and charges, or otherwise agreed with the remitters. 62. A more than ordinary circumspection is likewise required in the payment of bills, under protest, that are made payable to order, and at some days sight, when there hath been any neglect in the procuring acceptance; and, above all, men should be fearful to meddle with bills that were not duly and timely protested. 63. When a bill is paid, supra protest, in honour of the drawer or indorser, the payer usually, if he has no effects in his hands, redraws the same directly on him for whose account he paid it, with the addition to the sum mentioned in the bill, of the charges of protest, brokerage, postage, and commission. 64. And when he that pays under protest hath revalued for his advance, he ought, with his advice of his draughts, to send the protest with the protested, and by him discharged, bills of exchange, jointly with the instrument of his tendered payment and its acquittance, to his correspondent, that they may be shown to the person, for whose honour he paid, at the time of demanding acceptance of his bills for reimbursement, which ought in gratitude to be punctually complied with; though if it should not, and the person drawn on refuses acceptance and payment, he may be compelled thereto, as well as to defray all the drawer's charges and damages, the right being now in him, either by or without a transfer of it from the first possessor, as has been before explained. 65. If a drawer make any dispute, and allege that his bill was accepted, and therefore the remitter must seek his redress from the acceptor,' &c. he should be informed that he must primarily be applied to before it can be sued for from the acceptor; and if a drawer has any suspicion that his bill, though accepted, will not be paid, he should recommend the care of it to some other person for his own credit, who may afterwards have recourse against the acceptor, as this latter's refusing payment exposes him to immediate execution. 66. In case of a person's refusing payment of his accepted bills when due, they ought to be protested, and sent with the protest to the remitter or drawer, which of the two it was that forwarded them, except they should order their correspondent to detain the bill, with a prospect of obtaining their discharge from the acceptor. 67. The possessor of an indorsed accepted bill, protested for non-payment, and not discharged supra protest, hath his redress on the drawer and all the indorsers; and therefore it is usual for the possessor of such a bill to redraw for its value, &c. on him from whom he received it, whether he be the first remitter, or any other indorser; but if he is not to be found, or has failed, or if it is more for the possessor's conveniency, or to comply with the request of a later indorser, he may draw upon some earlier indorser, and demand of him or the drawer, restitution of the value and charges, and, in case of refusal, compel him to it; still, however, the person from whom he received, or with whom he negociated the bill, is obliged to refund, and he again hath his redress on the acceptor, drawer, or any other earlier indorser. 68. The possessor of such a bill must not directly demand restitution from the drawer, before he has given notice of the non-payment and protest to the indorsers, lest he lose his redress on them; and he should, as well in case of protest for non-acceptance as for non-payment, advise the remitter thereof without delay, and send him a copy of the protest, that he may get security from the drawer. 69. No bills of exchange, protested or to be protested, can be attached in the notary's hands, except only when an acceptor can demonstrate that he hath fully paid their contents, and in this case the attachment will lie; otherwise it is of no force or validity; and the notary may, nay must when demanded, restore the bill and protest to him from whom he received it, to act therewith as he shall judge convenient. 70. No person can be compelled to pay a bill which has not been accepted; nor the drawer or indorser to the making restitution, unless the bill be returned with protest for non-payment; but if it is, and the protest is in all circumstances rightly made, he that gave or negociated the bill must make immediate and punctual satisfaction for the value, re-exchange, commission, brokerage, postage, and protest. 71. The drawer of a bill payable to order, is no further obliged, though the protested bill was indorsed in several places, and returned the same ways, than for payment of the redraught made from the place where the bill was to be discharged directly to that where it was drawn, and at such a course of exchange as then governed; and the indorsers are likewise no further obliged than for the revaluing from the place intended for its payment directly to that where it was respectively indorsed by them. 72. When a bill is in the same place successively indorsed by several persons, and is returned by protest to the last indorser, he is obliged instantly to make satisfaction, either by himself or by some other indorser before him or for him; and if he pay, and satisfy it himself, he is not then to demand provision or charges of the other indorsers or drawer in the same place, more than what he has actually paid. 73. The remitter or possessor of a bill protested for non-payment, is not precisely obliged to solicit restitution from the drawer or indorser, if he had rather seek his redress from the acceptor; and on the contrary he need not regard the acceptor, if he prefers seeking satisfaction from the drawer or indorser, nor is he obliged to allow them any time for the payment, but may, if it be not punctually complied with, proceed against which of them he pleases. 74. No drawer or indorser is obliged to make restitution on sight of the protest alone, nor on sight of the protest and the unaccepted bill, when one of them hath been accepted; but he is obliged to give a satisfactory security to the remitter on his producing only the protest, and to make payment when this and the accepted bill are presented together. 75. If a person who has accepted a bill, refuses payment when it is due, and the bill, on being returned with protest that the drawer may satisfy it, meets with a refusal from him also, and is sent back again to the possessor, this latter in such case has as much right and law against the acceptor as against the drawer, and may force either of them to a compliance. 76. Though the possessor of an accepted bill hath no redress against the drawer, if he omits to protest it for non-payment, till the days of grace are expired, yet if the drawer be still in credit, he must send to him with the protest, as till this is done, and they are returned, he cannot compel the acceptor to discharge it. 77. When a bill is made payable for the drawer's own account, and is not discharged when due, but protested for non-payment, the possessor need not return it on the drawer, but may instantly compel him to make satisfaction whenever he is found. 78. The acceptor of an indorsed bill, protested for non-payment, cannot be proceeded against by arrest or attachment, though any one or all the indorsers refuse to make satisfaction, unless the drawer also refuse to do it, and this be proved by good evidence; and the acceptor of a bill returned to the drawer with protest for non-pay |